Utah Supreme Court justice to step down from the bench

Utah Supreme Court Associate Chief Justice John Pearce will be stepping down from the bench at the end of the year. 

Pearce — whom former Gov. Gary Herbert first appointed to Utah’s highest court in November 2015 — gave six months notice in a resignation letter to Gov. Spencer Cox dated Friday. 

“The time has come for me to turn the page, start a new chapter of my career, and find new ways to serve the people of Utah,” Pearce wrote in the letter. “In keeping with the tradition of not leaving the Court until there has been an opportunity to nominate and confirm a successor, I am providing six months’ notice of my intent to depart.”

Pearce said his last day will be Dec. 1. He’ll depart shortly after his 10-year anniversary on the Utah Supreme Court. Previously, Pearce also served on the Utah Court of Appeals. Between 2009 and 2013, he also served as general counsel to Herbert. 

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A news release issued Tuesday by the Utah Judiciary said Pearce “plans to return to private practice and to continue teaching at the S.J. Quinney College of Law at the University of Utah.” 

Pearce’s letter didn’t mention it, but his departure comes in the wake of a 2025 legislative session that saw unprecedented tension between lawmakers and the judiciary. Ultimately, after a deal was struck, the most controversial bills that would have given legislators more of a say in judicial retention elections were scrapped — and Cox vetoed a bill that would have given the governor and the Senate power over appointing the court’s next chief justice.

That tension came after a series of rulings issued by the court that frustrated lawmakers, prompting some to accuse the Utah Supreme Court of being an “activist court.” 

In August, the court issued a 4-1 opinion that upheld an injunction blocking enforcement of Utah’s 2020 near-total abortion ban that lawmakers had hoped would take effect once Roe v. Wade was overturned in 2022. And a month before that, the Utah Supreme Court issued a unanimous opinion that sent an anti-gerrymandering lawsuit back to district court, ruling the judge “erred” in dismissing the claim that the Legislature violated the Utah Supreme Court when it when it repealed and replaced a 2018 voter-approved ballot initiative that sought to enact an independent redistricting commission. 

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Pearce’s letter didn’t address any of that, though. He focused his message on expressing gratitude for his 16 years of public service, writing that he’s “had the privilege to work alongside some of the most dedicated and talented people in the state — none more so than my colleagues on the Utah Supreme Court.”

“I am extremely proud of the Court and the work that it has done,” he wrote. “My colleagues, past and present, are brilliant, courageous, and dedicated to the rule of law. I am a better attorney and person because of them.”

Pearce also wrote he considers himself “deeply fortunate to have spent a decade” as a justice on the Utah Supreme Court. 

“I have never lost sight of the fact that there are more qualified attorneys in Utah than there are seats on the bench,” he added. “I am humbled by the trust the people of Utah place in their judiciary and am profoundly honored to have had this chance to serve. I wish you all the best as you continue to lead the state.”

Chief Justice Matthew Durrant, in a statement issued Tuesday, praised Pearce and his work, expressing particular appreciation for Pearce’s efforts to enhance representation for indigent parties and to improve the way the Supreme Court measures lawyer competence. 

“Justice Pearce’s contributions to the citizens of Utah and to their judiciary have been truly extraordinary,” Durrant said. “He is not only a brilliant jurist, but also a wonderful colleague. The legacy he has built will long be a force for good in our state.”

Since 2022, Pearce has served as the associate chief justice, one ranking below Durrant in the court’s leadership. 

In a statement issued Tuesday, Cox also praised Pearce for dedicating “16 years to public service in both the executive and judicial branches.”

“Utah is a better place because of leaders like him who answer the call to serve,” said the governor, who will pick his successor. “I take the responsibility of appointing his replacement very seriously and will work to ensure we select a highly qualified justice who will continue to uphold the rule of law and serve the people of Utah with integrity.”

Senate President Stuart Adams, R-Layton, — who has been critical of some of the court’s recent rulings, especially in the redistricting case — also issued a statement.

“I appreciate Justice Pearce’s years of public service,” Adams said. “We wish him well as he transitions to private practice and teaching.”

According to his bio on the Utah Supreme Court’s website, Pearce has a degree in economics from the University of Utah and received his Juris Doctor from the University of California, Berkeley. He started his legal career at the firm Wilson Sonsini Goodrich & Rosati in Palo Alto, California. He was also a shareholder and member of the Executive Committee at Jones Waldo in Salt Lake City. 

Pearce also teaches legislative process and statutory interpretation at the University of Utah’s S.J. Quinney College of Law. Additionally, he has served on several boards and committees, including the Salt Lake County Bar Executive Committee, the Guardian ad Litem Oversight Committee, the Juvenile Indigent Representation Task Force, and the Governmental Records Access and Management Act Working Group. 

In order to fill Pearce’s vacancy when he leaves Dec. 1, Cox will appoint his successor from a list of seven candidates provided by the Appellate Nominating Commission. 

That appointment will then be subject to confirmation by the Senate. 

Correction: This story has been corrected to say that tension between lawmakers and the judiciary occurred in the 2025 legislative session, not 2024.